Smt. Vipra v. State of U.P. and Another

Court No. - 83 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 690 of 2022 Applicant :- Smt. Vipra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Singh Counsel for Opposite Party :- G.A.,Ajay Kumar Srivastava Hon'ble Sanjay Kumar Pachori,J. Sri Ankit Singh, learned counsel for the applicant and Sri Ajay Kumar Srivastava, learned counsel for the opposite party no. 2. The present transfer application has been filed to transfer the Case No. 1291 of 2022, arising out of Case Crime No. 390 of 2021, (State Vs. Sandeep Tiwari), under Sections 498-A, 323, 506 of I.P.C., pending in the Court of ACJ (JD) Court No. 9, District-Farrukhabad to any competent court of District Judgeship Kanpur Dehat. Learned counsel for the applicant submits that applicant is wife of opposite party no. 2 and the applicant is residing with her father in District Kanpur Dehat. Learned counsel for the applicant has relied upon the judgment of Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 and Fatema Vs. Jafri Syed Husain @ Syed Parvej Jafferi, AIR 2009 SC 1773. In view of the above facts and circumstances of the case, the present transfer application is liable to be allowed. The instant transfer application is allowed and the Case No. 1291 of 2022, arising out of Case Crime No. 390 of 2021, (State Vs. Sandeep Tiwari), under Sections 498-A, 323, 506 of I.P.C., pending in the Court of ACJ (JD) Court No. 9, District-Farrukhabad, is transferred to the court of district Judgeship Farrukhabad. Let a certified copy of this order be immediately sent to the Sessions Judge, Farrukhabad and Sessions Judge, Kanpur Dehat for necessary compliance and action. Order Date :- 7.11.2023 Ishan High Court of Judicature at Allahabad